Summary
In H.L.L. v. State, 595 So.2d 223 (Fla. 2d DCA 1992), the Second District held that a juvenile convicted of two felony offenses and adjudicated delinquent could not receive a single sentence for the two offenses, explaining that, "A general sentence for separate offenses, such as he received, is prohibited."
Summary of this case from T.A.R. v. StateOpinion
No. 90-01959.
February 28, 1992.
Appeal from the Circuit Court, Glades County, Kirby Sullivan, Acting J.
James Marion Moorman, Public Defender, and Wendy E. Friedberg, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Susan D. Dunlevy, Asst. Atty. Gen., Tampa, for appellee.
Appellant, a juvenile, was convicted of possession of cocaine and grand theft auto. He was adjudicated delinquent and committed to the Department of HRS. He was placed on community control upon release.
Appellant challenges his conviction and resulting sentence. We find no merit in his arguments concerning his conviction. We do, however, find that the court erred when it sentenced him. We remand for resentencing in compliance with section 39.09(3)(e), Florida Statutes (1989), which requires that specific findings be made by the trial court to support its decision to adjudicate and commit appellant to HRS. No findings were made by the trial court here. We further remand for entry of separate sentences for appellant's two offenses. A general sentence for separate offenses, such as he received, is prohibited. C.P. v. State, 543 So.2d 867 (Fla. 2d DCA 1989).
Affirmed, but remanded for resentencing.
PARKER, J., and McDONALD, RANDALL G., Associate Judge, concur.